Ralf Zacky - Page 5

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          The plan has during its existence made two other loans to                   
          participants other than petitioner, and it has required that                
          those individuals repay those loans.  Petitioner knew at the                
          times of the three loans that his creditworthiness was poor, and            
          he knew at the times of the second and third loans that Inland’s            
          creditworthiness was poor.  When petitioner and Inland failed to            
          pay back the three loans according to their terms, petitioner, in           
          his capacity as plan trustee, neither sought nor attempted to               
          compel payment.                                                             
               The relevant provisions of the plan are as follows:                    
               7.2  INVESTMENT POWERS AND DUTIES OF THE TRUSTEE                       
                         (a) The Trustee shall invest and reinvest the                
                    Trust Fund to keep the Trust Fund invested without                
                    distinction between principal and income and in                   
                    such securities or property, real or personal,                    
                    wherever situated, as the Trustee shall deem                      
                    advisable, including, but not limited to, stocks,                 
                    common or preferred, bonds and other evidences of                 
                    indebtedness or ownership, and real estate or any                 
                    interest therein. * * *                                           
                         *    *    *    *    *    *    *                              
               7.4  LOANS TO PARTICIPANTS                                             
                         (a) The Trustee may, in the Trustee’s                        
                    discretion, make loans to Participants and                        
                    Beneficiaries under the following circumstances:                  
                    (1) loans shall be made available to all                          
                    Participants and Beneficiaries on a reasonably                    
                    equivalent basis; (2) loans shall not be available                
                    to Highly Compensated Employees in an amount                      
                    greater than the amount available to other                        
                    Participants and Beneficiaries; (3) loans shall                   
                    bear a reasonable rate of interest; (4) loans                     
                    shall be adequately secured; and (5) shall provide                
                    for repayment over a reasonable period of time.                   





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